SL Supreme Court decides to hold inquiry into Fonseka FR petition

[TamilNet, Saturday, 13 February 2010, 04:07 GMT]
Sri Lanka’s Supreme Court Friday has granted leave to proceed in a controversial Fundamental Rights (FR) petition filed by Anoma Fonseka on behalf of her husband General Sarath Fonseka who has been detained by the Military police. The FR petition has been listed for inquiry on February 23 and on that date the Supreme Court will consider granting interim relief in the Sarath Fonseka FR case, legal sources said.

A three member bench of the Supreme Court comprising the Chief Justice, Asoka de Silva, Justices Shiranee Thilakawardene and Chandra Ekanayake took up the FR petition for inquiry and overruled the objections raised on behalf of the Attorney General that the petition should be filed by the person whose rights have been affected or by his lawyers.

Mr. Shibly Aziz, President Counsel appearing on behalf of Gen Fonseka said that in a climate where more opportunity was being given to protect fundamental rights the petition should be taken taking into consideration the gravity of the case.

The petitioners Ms Anoma Fonseka cited Army Commander Lt. Gen. Jagath Jayasuriya, Officer-in-Charge of Colombo Security Major General Sumith Manawadu, Defence Secretary Gotabhaya Rajapaksa, and Head of the Military Police Military Provost Marshal Brigadier Wijesiri and the Attorney General as respondents.

The arrest and detention of General Fonseka violates his fundamental rights and freedom of movement. The Petitioners has sought the release of General (retd) Fonseka until the inquiry into the FR application is determined.

Meanwhile a group of lawyers conducted a protest outside the Courts complex at Hultsdorf demanding the release of General (retd)Sarath Fonseka while the FR inquiry was in progress. Around 2,000 police, army and STF had been deployed around the Supreme Court complex in Hultsdorf where the Fundamental Rights Petition was filed on behalf of Gen (retd) Sarath Fonseka. Police carried out strict security on persons who entered the law courts while the FR petition was being heard.

 

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